The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-06-05

General Butler Says He should Defend u
Guilty and Collect Fees Early and often.

General Butler Says He should Hetehd inc
entity and Collect Fees Early aud Often
Boston Herald
Some 100 mbrvo lawyers gathered at the
Boston University Law School this morning 10
listen an address by Gen. Is. T. Butter SIen-
eral Butler is favorite with the law stuoehts.
and his welcome was warm that not oven Il
MAY storm could chill it. His remarks were IN
his usual characteristic vein. He protested that
he had not come to make a speech or TO discuss
points of law. The shoals and currents OF q
lawyers life, as he had found them in a practice
of forty-seven years, furnished him theme
His remarks were practical, pointed. and Illus
trate3 by experiences Of his own. The first
duty of the young lawyer" said General Butler.
lis absolute fidelity to ones client. The.lawyer
is the adviser and director of his client IN his
business affairs You to do for MIN as he
would do for himself did he possess your learning
and talents
"Some say, ooh, you must not defend guilty
man. Why mott Would he not defend hlmseHf
You must defend him as fully and honorabiy as
if you knew him innocent If you know him in
the task of defense. 4 never wish TO defend
man unless | know that he is guilty. BE sure
that you find out that he is guilty. Some men
dislike to confess their crime TO the lawyer for
fear that then he Will not care to undertake the
case. You must establish feeling of confidence
with such Let them know that you must have
all the facts
Never allow yourself to state to the jury that
your client is innocent. 1t is your business 10
act as though 1t were so. If you know nothing
about the circumstances you are ike an ass
jumping around IN lanyard and not knowing
where the pits Again never bargain with
your clients. Get your fees and get them early.
If the fails you then will find IL somewhat
difficult to collect fees. Apply to them the
adaee
When the devil sick monk he would be.
But when he was well. the devil a monk was he
'There is no necessity TO say that one should
not disclose the secrets of the client. We sell
dom hear of a trust being betrayed. In the
making Of wills the text books give the forms.
1t is case that calls for thought. a son calls
you in to make the will of dying father You
not the lawyer for the but for the
father. Tell him the legal effects of every part.
Again, if you ever asked to be executor
ask that member of the family be
pointed with you. 1t will save YOU much trouble
if a contest arises. You will be free from any
suspicion. You will lose nothing by this In
any you will do all the work. take of
tho estate and have all the emoluments that
fairy belong to you. You become counsel of
both sides the moment you become the convey
ANGER and Discrimination You must act carefully
and thoCghtfully for both. Do not act broker,
banker or business agent for your client, except
as connected with his legal rights.
Young gentlemen, you ought not to lose any
of your first cases for YOU will be employed 10y
the plaintiff. The defendant doesn't employ a
young lawyer. You can study case before
we'll as during the trial. and it is your own fault
if you lose it. | lose three cases now where,
when was twenty five, | lost one. Then
was employed by the plaintiff. now as defendant,
or in cases that have been tried half tried,
where all hope of success dead and buried.
/ have to take my cases where / can find them.
Early in my practice laboring man came into
my Office and said Can a woman who keeps a
boarding house hold n workingman's clothes for
his boardP told him she could not, and
engaged to make out writ, which served,
but the woman refused to give up the clothes.
The case was to come up on trial the fol-
lowing Monday, when the man came in
and asked: Squire does it make and diff
ference if L told her she might keep the
clothes till paid my boardp / told him that it
writing he said. Il told him that made no diff
ference, a verbal promise pledge and
would not present his case to the court, but by a
fee l was persuaded, much against my will.
There was but one witness to the pledge, and
him recognized as a man who had been
victed for larceny. l objected to his being
sworn, and as there were no other witnesses the
case was decided for my client much to my dis
gust tell this to illustrate the Importance of
never giving up case, even where there seems
to be no hope. When you go in You had better
go through, but you had better be careful how
you go III. In your professional conduct with
your associates youmust preserve perfect faith
Let your yea be yea and your nay be nay
If you make agreement by word of mouth
keep it. no matter how much you regret it 1
have always made it rule to keep my verbal
agreements in the way they understood
by the other party. But some people always in
sist upon written agreement. With such
man live up TO just what is written, but take
advantage of the man if can.
"Stand by your opinions under all crcum-
stances not that you will always be right. but
you will get your views of law. If you are in
doubt, always take exceptions to the ruling of
the judge. If you are wrong you abandon
it, but if you let it go You surely lose it. You
will be wrong in many points of law, l have
been, but if you try all fairly you will win some
of them. In your university you have been
grounded in the principles of law. Apply these
principles and, after coming to decision search
the books, and you will find that the point has
been decided somewhere though there may be
some point which you have overlooked 1t is
said that law is the perfection of human reason.
You have had clear and good instructions. Apply
it to any point, and You ought to come TO the
same decision, in the same way, as the learned
judge"